People v. National Automobile & Casualty Insurance

National Automobile and Casualty Company appeals from an order refusing to vacate an order forfeiting bail when its principal, Langlois, failed to appear in execution of judgment. Langlois’ conviction of felony had been affirmed and December 16, 1963, had been fixed as the time for sentence. When Langlois failed to appear, his bail was ordered forfeited and a bench warrant was issued. The warrant was not executed but on January 3 Langlois appeared with his surety, offered an excuse for his former failure to appear, the order forfeiting bail was vacated, bail was exonerated, Langlois was committed and the matter was continued to January 8th. Upon this date Langlois appeared with his attorney. A supplemental probation report was ordered and a minute order was entered “Bail set $5,000 plus penalty assessment. Bail reinstated upon reassumption” and, as stated in the reporter’s transcript “if the bonding company will assume liability on the bond, bail will be set at $5,000.00.” The matter was continued to January 29, an agreement executed by the surety was filed by the attorney for the defendant and he was released. January 29 the defendant failed to appear and an order was entered…